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Cybercrime law, defamation now weapons of prosecution, NGE, SERAP say

By Bertram Nwannekanma, Yetunde Ayobami Ojo, Silver Nwokoro, Ngozi Egenuka (Lagos), Ameh Ochojila and Owede Agbajileke (Abuja)
11 December 2024   |   4:57 am
The government and high-heeled individuals’ use of cyber crime law and defamation as weapons of prosecution in Nigeria came under scrutiny, yesterday, at an event to mark the International Human Rights Day (HRD).

• Ask Tinubu govt to release Farotimi, stop targeting journalists, activists
• HURIWA faults use of handcuffs, bail conditions in Farotimi’s case
• NHRC appeals to Nigerians to support Human Rights Fund, urges healing in violations 
• MRA, NOPRIN seek respect for human rights

The government and high-heeled individuals’ use of cyber crime law and defamation as weapons of prosecution in Nigeria came under scrutiny, yesterday, at an event to mark the International Human Rights Day (HRD).

International Human Rights Day, celebrated around the world each year, marks the anniversary of the adoption of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly (UNGA) on December 10, 1948.
 
During the event jointly organised in Lagos by the Socio-Economic Rights and Accountability Project (SERAP) and Nigeria Guild of Editors (NGE), President of NGE, Eze Anaba, remarked that the principle of press freedom should be upheld.

SERAP and NGE asked the President Bola Tinubu-led administration to release human rights activist and lawyer, Dele Farotimi, who is being prosecuted for alleged defamation, and stop targeting journalists and activists in its bid to hold power.

Relatedly, Human Rights Writers Association of Nigeria (HURIWA) condemned the treatment of Farotimi, who appeared at the Ekiti State High Court in handcuffs over a defamation lawsuit filed by prominent lawyer, Afe Babalola (SAN). 

This was just as the National Human Rights Commission (NHRC) appealed to Nigerians to support the Human Rights Fund, while Media Rights Agenda (MRA) and Network on Police Reform in Nigeria (NOPRIN) stressed the need for the federal and state governments and as well as law enforcement operatives to respect and uphold human rights.
 
Anaba called on journalists to be sentinels in the court of fairness. However, the groups urged the Tinubu government to drop all charges of criminal defamation and cybercrimes against Farotimi, arguing that he was detained solely for the peaceful exercise of his human rights.

 
They also called for immediate and unconditional release of all journalists, bloggers, human rights defenders and activists detained for the peaceful exercise of their human rights.

“Nigerian authorities should safeguard, not stifle, human rights and the rule of law in the country. They should stop weaponising criminal defamation and cybercrime laws to target and attack journalists, bloggers, human rights defenders and activists and to stop detaining and imprisoning them solely for doing their jobs.
 
“We urge Tinubu and his government to publicly call on state governors, the police and the Department of State Services (DSS) to uphold and ensure full respect for the rights of everyone in the country,” they added, urging Tinubu and his government to review laws like the Official Secrets Act, Criminal Code Act and Cybercrime Act for potential restrictions on free speech and press, and amend them in line with international standards.
HURIWA described Farotimi’s ordeal as a gross abuse of the criminal justice system and a violation of his fundamental rights.

The National Coordinator, Emmanuel Onwubiko, in a statement, tagged the use of police to harass Farotimi an alarming misuse of public resources and a blatant disregard for due process. 

According to the rights group, defamation is purely a civil issue and should have been pursued through a civil lawsuit, not through intimidation, while describing Babalola’s action as a disgraceful abuse of power and privilege. 

  
HURIWA urged Nigerians to rally round Farotimi and other activists, who face harassment and intimidation for speaking truth to power. It emphasised that a society, where the rights of individuals are trampled upon by those in positions of authority, cannot thrive.

LAMENTING that the Human Rights Fund remains unfunded till date, NHRC urged Nigerians to contribute to the promotion of human rights by donating to the fund. 

Executive Secretary of the Commission, Dr Tony Ojukwu (SAN), stated this, yesterday, in Abuja at an awareness walk to commemorate the International Human Rights Day. The exercise saw Ojukwu leading other Nigerians on road walk from the Eagle Square, Central Area to the Commission’s headquarters at Maitama. 

The event, with the theme ‘Equality: Reducing Inequalities and Advancing Human Rights’, was organised by NHRC, in partnership with the Rule of Law and Anti-Corruption (RoLAC), funded by the European Union (EU) and implemented by International Institute for Democracy and Electoral Assistance (International IDEA). 

He urged the Federal Government and effected state governments to ensure a speedy and effective implementation of the recommendations of NHRC’s Special Independent Investigative Panel on Human Rights Violations in Counter-Insurgency Operations in the North East Nigeria (SIIP-North East) to heal the wounds of human rights violations.

According to him, Nigerian and the international community will not forget the landmark report of the panel. The panel dismissed the allegations by Reuters that the Nigerian Army was involved in a secret systematic and illegal programme leading to the abortion of 10,000 pregnancies, massacre of children and other forms of Sexual and Gender-Based Violence (SGBV) in the course of its operations in the troubled region.

On her part, the Chairman, Governing Council of NHRC, Dr Salamatu Suleiman, said commemoration of HRD should not be confined to one day but observed every day. 

She said emphasis must be placed on out-of-school children, stressing that their education would eliminate vices in the society. 
MRA, in a statement, called on governments to make human rights a lived reality for all Nigerians in accordance with their constitutional obligation to recognise and maintain human dignity, to rebuild public trust in government, foster national unity and unlock the true potential of the Nigerian people.

It lamented that the human rights contained in the Constitution as well as in regional and international instruments Nigeria signed remained unfulfilled for far too many citizens, as the country spiralled into a jungle where only the fittest survive.

Programme Officer, MRA, Esther Adeniyi, condemned, in particular, the unprecedented levels of attacks against journalists and other media professionals and called on the Federal Government to investigate and hold accountable those responsible for such attacks, while ensuring a safe and conducive environment for the media to operate freely.

NOPRIN charged the government to ensure the effective functioning of oversight mechanisms, including the Police Service Commission (PSC) and the Complaint Response Unit (CRU) and to provide adequate training and resources for the police to handle cases professionally and humanely, in line with international standards.

The body also urged the police to lead by example by adhering to court orders, ensuring humane treatment of detainees, and fostering a culture of zero tolerance for rights violations within its ranks.

According to Programme Officer, Precious Osinaku, this year’s theme aligns with NOPRIN’s mission to ensure that the Nigeria Police Force upholds the fundamental rights of all citizens, irrespective of their status, background or belief.

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